HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3939 of 2026 Court No. - 78 HON'BLE DR. AJAY KUMAR-II, J. 1. Heard Mr. C.P. Tiwari, learned counsel for the applicant, learned A.G.A. for State and perused material on record. 2. The present application has been filed by the applicant with prayer to direct the learned trial court to decide/expedite the Complaint Case No. 901 of 2025, New Case No. 8398 of 2025 (Nirmal Mishra vs. Sartaj) under Section 138 Negotiable Instruments Act, 1881, P.S. Kotwali Fatehgarh, District Farrukhabad, pending before Additional Chief Judicial Magistrate, Farrukhabad. 3. A perusal of record reveals that accused and opposite party no. 2 Sartaj have approached this Court by means of application under Section 528 BNSS No. 48860 of 2025 and this Court disposed of the aforesaid application vide order dated 27.4.2026 directing the accused to appear before the Court below within a period of one month from today through his counsel and move an application seeking compounding offence through compromise and deposit 10% of cheque amount. This Court also directed that in case said application is moved, the concerned Court may take adequate steps in accordance with law and shall provide further opportunity to the accused which shall not exceed maximum period of four months from the date of order dated 27.4.2026. It was also specifically directed that if the applicant does not appear before the trial Court for compounding of offence through compromise, then he is required to appear and face trial and Court shall be at liberty to proceed in accordance with law against accused and take all necessary steps and measures to procure his attendance as the law permits. Till the aforesaid Versus Counsel for Applicant(s) : Chandra Prakash Tiwari Counsel for Opposite Party(s) : G.A. Nirmal Mishra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) period of five months or till the decision given in the light of application, whichever is earlier, it was directed that no coercive measures shall be adopted against the accused. 4. Learned counsel for applicant submits that accused- respondent no. 2 has not yet appeared before the trial Court in compliance of order of this Court dated 27.4.2026 and period of five months are going to expire on 26.09.2026. Therefore at this stage, learned counsel for applicant wants to withdraw present application with liberty to file certified copy of order dated 27.4.2026 before the court concerned. 5. Learned A.G.A. has no objection if this case is dismissed as withdrawn with the aforesaid liberty. 6. Accordingly, the present application is dismissed as withdrawn with aforesaid liberty. September 8, 2026 Dhirendra/ NA529 No. 3939 of 2026 2 (Dr. Ajay Kumar-II,J.) Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad